Terms of Use & Sale

Please read through the following terms and conditions (“Terms”) carefully as they govern the use and access to the website www.ksubi.com (“Website”) and the purchase of any product/s.

Your acceptance

You agree to be bound by these terms by using, accessing or browsing any part of this Website, including through communicating with Ksubi and participating in any Ksubi forums, promotions, subscriptions, purchases, specials and/or programs (“Services”).

The following terms (“Terms”) apply to any and all users of the Ksubi website (the “Website”). All Transactions made in connection with the Website, and your use of any content or information on the Website or Product purchased through the Website is subject to these Terms and these apply regardless of how you access the Website. You should make sure you read and agree to these Terms before you use the Website as your offer to purchase any Product will indicate to us your acceptance of these Terms . Where any other terms and conditions apply to a Product or service related to the Website, these Terms will override any subsequent terms and conditions, unless stated otherwise.

Your use of the Website indicates your understanding that the Website and the Products include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by Us, our Affiliates and our (or their) licensors, and you agree to abide by these usage rules. Unless otherwise expressly stated, all capitalized terms in these Terms have the definitions given to them in clause 2 below.

For clarity, the Terms that are in place at the time you place an order will apply to that order.

Terms of use

“Affiliate” means any third party we may enter into agreements with for the supply of goods or services for the purpose of running our business. This includes all licensors, postal and courier companies and any other third party these companies may enter into contracts or agreements with in order to fulfil their obligations under any contract or agreement made with Us.

“Offer to Purchase” means your intention to receive Product(s) from Us via the initiation of a Transaction (this is subject to review or refusal by Us and does not confirm our offer to sell to you).

“Product” means anything available for purchase or access through the Website including goods, music, images, videos, artwork, tickets, text and other copyrightable materials.

“Terms” refer to these terms and conditions that govern the Ksubi website and its use.

“Transaction” means the purchase of any Product via the Website whereby funds are successfully debited from your account and are received or accepted by Us (subject to any request we make for further information to authorize the payment).

“Us” means the GENERAL PANTS GROUP trading as KSUBI, including all relevant Affiliates, subsidiaries, directors and employees (also referred to as “we” or “our” where appropriate).

Limitation of Liability

We are not liable for any loss or damage occurred by use of the Website or any other site linked to the Website, or for loss or damage incurred through the purchase of any Product made available via the Website or from any recommendation or information provided by us to you through the Website. If we breach any term, condition or warranty (which cannot be excluded at law), our liability is limited, at our discretion, to either:

The re-supply of goods purchased by you via the Website in respect of which the claim arises; or

Payment of the amount paid by you for the goods in respect of which the claim arises.

We will not be liable for any other loss or anticipated loss or damage incurred by you however caused which arises from or in connection with your use of the Website, the contents of the Website (this includes information, pricing and all Products), or your reliance on any information or service we provide to you. We do not guarantee that your access and use of the Website will be free from any errors or viruses that may harm your software or affect the use of your computer.

By accepting these Terms, you indemnify Us against all legal action, loss, damage or costs incurred by you arising from your breach (or the breach of any other person accessing the Website and its contents through you) of these Terms, your use of the Website or your reliance on the contents of the Website (this includes all information, prices and Products).

Your Account and Password

You may not have more than one active membership on the Website whether through a pseudonym, email address or other means. You can update, edit or terminate your membership at any time but you cannot transfer your membership. You are responsible for ensuring your details are correct and current and for maintaining the confidentiality and secrecy of your password.

Access and communication

We use reasonable efforts to ensure the integrity of the Website by using virus checking software. However, we do not and cannot guarantee or promise that the delivery, safety or security of communications over the internet, the Website or your computer systems.

We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website unless it was directly and solely caused by us.

Offer to Purchase and Transactions

This Website is designed for purchases by individuals for personal use, and you agree not to use it for commercial purposes. If you intend to on-sell Ksubi product through a retail store, online business or other commercial entity, please contact the Ksubi wholesale division at sales@ksubi.com.

Ksubi reserves the right to refuse any order which it reasonably considers is for commercial use or sale or where a product is not in stock. While we take reasonable precautions to ensure that the price and details of products listed are correct, if they are incorrect or we are out of stock and we can’t agree on how to resolve the issue, we reserve the right to cancel the order and refund any amount charged to your credit card.

By initiating a Transaction with Us, you represent and warrant that you:

Are of legal age to form a binding contract with us (18 years or older);

Have the legal right to make the Transaction and use the payment means selected by you; and

Intend to create an Offer to Purchase.

In doing so, you grant us the right to use the information submitted to us through your Offer to Purchase in accordance with our Privacy Policy, including without limitation, by providing this information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. We reserve the right to request verification of your personal or financial information prior to the acceptance of any Offer to Purchase.

Any Offer to Purchase received by Ksubi through this Website are subject to acceptance or rejection by Ksubi in its discretion. Once an order has been placed by you, accepted by us and payment received, the order cannot be cancelled by you.

Title in any goods purchased by you through this Website does not pass to you until payment has been received in full. Risk of loss or damage to goods passes to you upon dispatch from our premises.

We do not guarantee the availability of any products advertised on the Website.

Prices are inclusive of goods and services tax. If you require delivery of goods outside of Australia, you will become the importer and liable to pay for all taxes, duties and charges imposed or levied. You should note that some countries have import restrictions on certain products or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before placing an order.

Non-acceptance of Offer to Purchase

The receipt of an electronic or other form of order confirmation does not signify our acceptance of your Offer to Purchase, nor does it constitute confirmation of our offer to sell. We reserve the right to reject any Offer to Purchase made by you at any time for any reason. Non-acceptance of an Offer to Purchase may for example result from one of the following:

The product ordered is unavailable;

The payment is not authorised (see clause 8); and/or

The identification of a typographical error whereby the product or pricing information is incorrect in some way (see clause 10).

Authorisation of payment and fraud prevention

We employ payment gateway provider Braintree and utilize anti-fraud software Kount to implement anti-fraud procedures to avoid and minimize fraudulent activity on the Website. Prior to the acceptance or non-acceptance of an Offer to Purchase made by you, we reserve the right to request additional information from you. A request for the provision of additional information may include the request for a photocopy of any photographic identification you may hold i.e. A Driver’s Licence or passport, as well as a photocopy of the front and back of the card that is being used to make the purchase. We have the right to refuse an Offer to Purchase if the request for additional information is refused by you.

Limits to a Transaction

Except to the extent prohibited by applicable law, we reserve the right with or without prior notice to:

Change a description, image or reference of a Product (descriptions and references to a Product do not imply our endorsement of a Product nor do they indicate our representations about the accuracy of the description or reference);

Limit the available quantity of any Product;

Honour or impose conditions on the honouring of discount code or promotion;

Bar any user from making any or all Transaction(s);

Refuse to provide any user with any Product; and/or

Refuse or cancel any Offer to Purchase for any reason prior to our acceptance of this offer pursuant to clauses 4 and 5.

Pricing and errors on the Website

We reserve the right to update or correct information on the Website at any time without notice. In the event that a Product is listed at an incorrect price or with incorrect information, we have the right to refuse shipment of or cancel any Offer to Purchase for the Product. Where we become aware of any error or inaccuracy after acceptance of your Offer to Purchase, we will inform you as soon as possible and give you the option of re-placing your order at the correct price or cancelling your order for a refund. Where we cannot get in contact with you by close of the business day on which we become aware of the error, your order will be cancelled and refunded.

Payment

Payment can be made by:

Visa, MasterCard or American Express (Australian Registered Cards only). Credit Card transactions are processed through the Braintree Secure Payment Gateway. Your card details are not disclosed to us and are not stored in our database. Please note that delays may occur on large orders while the card is checked for authenticity.

PayPal

AfterPay

Charges

You are required to pay all charges incurred by you or on your behalf through the Website, at the price(s) in effect when these charges are incurred, including, without limitation, all shipping and handling charges and any applicable network charges in respect of mobile downloads. All sales through the Website are final, and all charges from those sales are non refundable, except as otherwise expressly stated in these Terms.

Acceptance of your Offer to Purchase and delivery of goods

We will endeavour to process Transactions within 24 hours from receipt or acceptance of payment (subject to any requests we make for further information required to authorize a payment). Once your Offer to Purchase is accepted by us, our offer to sell will be notified to you via email confirming the dispatch of your order. This email provides you with the tracking number linked to your order (this tracking information is subject to change at any time and/or may incur typographical errors on occasion). Delivery of your order will be via an Australia Post service domestically or a DHL Express service internationally. Except to the extent prohibited by applicable law, we reserve the right to change delivery options without notice.

Delivery delay

Technical and/or other problems may postpone, delay or prevent delivery of a particular Product. You should receive any Product(s) that you order within 10 working days of placing your order. If we anticipate a delay in delivering a Product to you, we will seek to notify you where possible by email of the delay and we will give you the option to continue with your order or request a full refund.

While our delivery providers make every effort to deliver parcels within our delivery timeframe, we cannot guarantee delivery times as these can change for reasons which are beyond our control. We will not be liable for late deliveries or any loss, damage or cost incurred due to late delivery.

Non receipt of parcel due to 3rd party delivery provider error

In the instance where you have not received your order due to a delivery error (this includes parcels that are marked as undeliverable, missing or lost in transit articles, 3rd party delivery provider sorting issues and disputed deliveries), we will, at your request, contact the delivery provider to open an investigation on your behalf. If a resolution has not been reached 5 business days after the investigation was opened, we will re-ship your item(s) to you free of charge (where the stock is still available), or refund your order.

Please note this does not apply to orders where the address has been submitted incorrectly at the point of checkout.

Customs and import duties

International orders may be subject to local charges. Any and all customs or import duties are charged once the parcel reaches its destination country and are to be paid for by the recipient. While we endeavour to inform you of any customs or import duties and the value limit at which duty is payable at checkout, we cannot be responsible for reimbursing any additional costs charged on delivery of an order that were not indicated prior to checkout.

Delivery of international parcels may be delayed due to customs clearance issues and where this occurs we are not responsible for any loss or additional costs incurred as a result.

Intellectual Property

Except in relation to Submitted Material (defined below), all intellectual property rights, in the Website, the Services and all components of it are controlled, owned or licensed by Us, and is protected by copyright, patent, trademark, design and/or other laws.

All rights are reserved.

Except to the extent permitted under Australian statutes, no material or content from this Website or part thereof may be copied, reproduced, mirrored, linked, publicly displayed, encoded, translated, republished, uploaded, posted, transmitted, or distributed in any way, without our prior written permission.

You may use this Website and its contents for personal lawful purposes only and you agree that you do so entirely at your own risk. You must not use this Website or its contents for:

commercial purposes without our prior written permission; or

in or as a whole or part of your own trademarks;

in connection with activities, goods or services which are not ours;

in a manner which may be confusing, misleading or deceptive; or

in a manner that disparages us or our information, goods or services (including this Website).

Permission requests can be provided using the 'Contact' section of this Website.

User Content Submissions

The Website contains facilities for exchange of information with other users of the Website (“Forums”). In using, and contributing material to Forums, you must comply with these Terms and all policies, guidelines and directions published by Ksubi from time to time.

Ksubi is not responsible for the accuracy, completeness or suitability of any information provided by users of the Website, you need to take care before relying on or making decisions based on that information. The information is not produced, approved or promoted by us. You agree to exercise appropriate judgment in obtaining or using information from the Website, including ascertaining the currency of information.

Ksubi does not and cannot review all communications and materials posted to or created by users accessing the Forums and it excludes all liability in respect of the content of these communications and materials. If you have a complaint regarding any material displayed in a Forum or otherwise communicated through the Website, Metalicus’ sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular material.

Ksubi’ Licence to use Submitted Material

By uploading material to any Forum or otherwise submitting any material through the Website (“Submitted Material”), you automatically grant (or warrant that the owner of such materials expressly grants) Ksubi a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material may be used by Ksubi for purposes including (without limitation) marketing, research and development of goods and services.

To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of Ksubi, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.

You warrant that any Submitted Material contributed by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence or any other law or regulation relating to the Submitted Material.

Ksubi reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion:

abusive, defamatory, or obscene;

fraudulent, deceptive, or misleading;

in violation of a copyright, trademark or other intellectual property right of another;

in violation of any law or regulation; or

offensive or otherwise unacceptable to Metalicus.

Prohibited Uses

In using the Website and Services you must not:

engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants;

impersonate or falsely claim to represent a person or organisation;

defame, abuse, stalk, harass, threaten or otherwise violate or infringe the rights or legal rights of others, including without limitation, rights relating to privacy, intellectual property or publicity;

post, link to, frame or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful;

post, link to, frame or otherwise distribute any information, material or item which contains a virus, trojan , worm or other harmful or disruptive component;

not link to any part of the websites or frame or use any framing techniques to capture any part of the Website; or

use any robot, spider, screen scraping or data mining technologies or any software, programme, algorithm, methodology or any other automated or manual data gathering or extraction tools to obtain, copy, collect or harvest any data, information or content found on the Website, or use any manual process to copy the Websites or content contained thereon;

access and/or or attempt to access any part of this Website you are not authorised to, including by passing network firewalls; or

Termination

Ksubi may at any time immediately terminate your membership or access to the Website at any time in its sole discretion and with prior notice if reasonable in the circumstances. You may at any time terminate your membership or access to the Website at your sole discretion and with prior notice if reasonable in the circumstances.

Consent To Receiving Commercial Electronic Messages

If you express interest in goods or services through your use of this Website, you consent to us sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us.

Applicable laws

This policy is governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms or Website.

Survival of Terms

Except for the licenses granted to you (if any) pursuant to these Terms, these Terms shall survive any termination or expiration of the Terms of Use applicable to the Website.

Privacy Policy

This privacy policy sets out what personal information GENERAL PANTS GROUP PTY LTD trading as Ksubi (“we”) collects, how we use it and how we protect it on our site. In this privacy policy, the term “personal information” has the meaning in the Privacy Act 1988 (Cth) and includes information about an identifiable individual including names, addresses, telephone numbers, email addresses, dates of birth, financial information, and if applicable includes information that constitutes “sensitive information”.

Collecting your personal information

We collect personal information about you as an individual in the following circumstances:

When paying for goods in-store or online;

When processing returns or exchanges;

When you telephone us or visit our website, stores or premises and make an enquiry to which a response is requested and to do so requires your contact details;

When you ask to be included on marketing distribution lists, become a member of our website, become a member of our loyalty program or interact with our social media services;

To better understand your requirements, preferences and feedback;

To improve what we offer;

If you enter a competition we hold;

If you apply for a job with us; and/or

For any other reason that relates to the services we provide to you as our customer

Use of your personal information

We use the personal information collected from you for the purpose of running our business or providing services to you as our customer, for example:

To accept your offer to purchase i.e. to confirm the creation of an order;

To request additional information from you regarding an offer to purchase made by you i.e. to verify your identity or the credit card used to make a purchase;

To perform an authorised financial transactions with you;

To update you about an order;

To respond to any customer service enquiries received from you;

To provide you with information about our products or services where you have requested or consented to receive this from us or where this provision is otherwise permitted under the Australian Privacy Principles;

To notify you about changes to our services;

To ensure content on our site is presented in the most effective manner for you and for your computer/device;

To allow you to participate in interactive features of our service when you choose to do so;

For any other reason that relates to the services we provide for the purpose of running our business.

We collect information that is not personal

When you engage with us on line or walk into a store, we may collect general information that will not personally identify you, such as:

using cookies;

Internet browser used;

operating system used;

date of visit;

time of visit;

path taken through the site or store; and/or

number of visitor to the site or store.

This information provides us with usage data so that we can produce anonymous statistics that we use to analyse and improve our business.

Cookies

Cookies may be used on our websites. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are. These cookies are known as your "Unique Visitor Cookie" and identify your visit only by a random number (e.g. #12489), the name of the domain from where the cookie has come and the “lifetime” of the cookie.

Cookies do not collect sensitive information like financial information or passwords. We hold personal information in our own secure databases and to some extent for marketing purposes in the databases of third parties engaged by us (subject to obligations regarding privacy and confidentiality) to conduct electronic direct marketing subject to all legislative requirements.

You can accept or decline our cookies by adjusting the "accept cookies" setting on your browser, however this may affect the functionality of our website on your browser. For example, you may not be able to personalise features on our website if you decline our cookies.

Security of personal information

We take all reasonable steps to protect your personal information. Our website uses the VeriSign security encryption method to ensure your online purchases are 100% secure. VeriSign is an SSL protocol that encrypts your information into codes so that your information is kept secure while being transmitted via the internet. Our payment gateway provider Braintree is one of the safest online payment providers and only stores an encrypted token of your credit card details. If you would like to remove this token, you will need to log-in to your account on our website and delete the credit card details associated with your account.

Disclosure of your personal information

We may disclose your personal information to any of our related companies on the condition they will use it only for the same purposes we do under this policy or for other limited purposes such as to help us in providing goods and services. Related third party companies include:

Organisations who carry out credit, fraud and other security checks on our behalf;

Our online payment gateway service provider Braintree for the purpose of approving payments;

Couriers and delivery businesses such as Australia Post with whom we arrange to deliver goods to you;

Third party software providers who store customer account details for us;

Third party software providers who process and store job application data for us;

Companies we engage to provide us with advice i.e. lawyers, accountants, auditors etc;

Marketing businesses we engage to disseminate materials to which customers have consented; and/or

Businesses located outside Australia who assist us in carrying out certain functions such as electronic direct marketing or for the purpose of Enterprise Resource Planning.

We may also disclose your personal information to third parties outside of the above list in the following circumstances:

Where we have your express permission to do so;

Where it can reasonably be inferred from the circumstances that you consent to this disclosure;

If Ksubi or substantially all of its assets are acquired by a third party, in which case personal information we hold about our customers is one of the transferred assets (subject to the same constraints on use and disclosure under this policy);

If we are under a duty to disclose or share your personal information in order to comply with any legal obligation; and/or

To protect the rights, property, or safety of GENERAL PANTS INVESTMENTS PTY LIMITED, its personnel or customers (this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).

Unsubscribing

You have the option to opt-out of receiving marketing communications from us. If you do not wish to continue to receive electronic marketing communications from us and/or selected third parties you can opt-out by clicking on the ‘unsubscribe’ link in any email communication we send you, or alternatively you can email online@ksubi.com with your request.

Security

We will take reasonable steps to protect your information from misuse, loss, unauthorised access, modification or disclosure.

Unfortunately, as no on line data transmission is ever completely secure, we cannot guarantee or warrant the security of your personal information.

Concerns about the use of your personal information

If you have any questions or concerns relating to our privacy policy or our use of personal information, you feel we have breached the Australian Privacy Principles or any registered binding Australian Privacy Principle code, or if you wish to access, update or correct the personal information we hold about you, please contact us via email at online@ksubi.com or by mail to: